- (1.) This appeal has been filed against the order and award dated 11.7.2007 passed by the Judge, M.A.C.T. (Essential Commodities Act), Jaipur in Claim Petition No. 564 of 2004 by which he has awarded Rs. 1,20,000 with interest at the rate of 6 per cent per annum. The brief facts of the case are that Rajesh Kumar, respondent No. 1, has filed a claim petition under section 163A of Motor Vehicles Act, 1988 (hereinafter to be referred as 'the Act of 1988') before the Motor Accidents Claims Tribunal, Jaipur City, Jaipur to avail compensation for the injuries sustained by him in an accident which took place on 17.7.2001. The claimant along with one Hemendra Sharma was coming on 17.7.2001 from Delhi to Jaipur in a Maruti van No. RJ 14-3C 8986 at about 11.30 p.m. The said van while trying to save a cow overturned occasioning injuries to the claimant.
(2.) An F.I.R. has been lodged with the police. After investigation, the police has submitted the A.I.R. and the same was accepted on 28.8.2001 by the concerned Magistrate. The claim petition was filed before the Judge, Motor Accidents Claims Tribunal. The appellant has also filed the reply. Issues were framed. Evidence were recorded and after that the learned Judge, Motor Accidents Claims Tribunal, has passed an award of Rs. 1,20,000 with interest. Being aggrieved by the impugned award, this appeal has been filed by New India Assurance Co. Ltd.
(3.) Learned counsel for the appellant has pointed out that the claim petition is not entertainable under section 163A of the Act of 1988 for the simple reason that the claimant's annual income exceeded the statutory limit of Rs. 40,000. The claimant had averred in para 6 of the claim petition that his monthly income was Rs. 5,000. As per claimant's deposition and salary certificate, the claimant's monthly income was Rs. 4,000 which amounts to an annual income of Rs. 48,000. Learned Tribunal too while adjudicating on issue No. 4 has concluded the claimant's annual income to be Rs. 48,000.;